The first section of this paper discusses a public diplomacy concept within the international relations paradigm shift that takes place in a radically changed global environment. Public diplomacy is analyzed primarily through cultural aspects in relation to other concepts such as propaganda and 'nation branding'. The second part is dedicated to identification of the key problems that the Republic of Serbia is facing regarding conceptualization and implementation of public and cultural diplomacy. It analyzes the institutional framework and effects of international Serbian policies up to now. It points to the need for long-term synchronous involvement of different actors in the field of public and cultural diplomacy of the Republic of Serbia, in order to promote not only its political positioning and reputation in the world, but for the sake of strengthening its economic and other development resources. Recognition of public and cultural diplomacy as an effective long-term means of building the reputation and position of the Republic of Serbia in international relations is extremely important. It means to articulate the need to design a new cultural concept, which would be built into a system of values that traces the path of Serbian development. The basic question, therefore, in terms of conceptualization of public and cultural diplomacy, remains the question of the narrative. This is the new and the old question of all questions: 'Who are we, where are we going and where do we want to go?'.
Shanghai Cooperation Organization was founded in 2001 under a Declaration signed by the leaders of five independent states from the territory of former Soviet Union and the President of the People's Republic of China. The Charter, adopted by the organization's member states as their basic document, emphasizes their commitment to strengthen their mutual trust and good-neighborliness and friendly cooperation; to keep and maintain the peace, stability and security of the region; as well as to fight together against all forms of terrorism, separatism and extremism. Although there are significant differences between the member states in almost all matters of social and governmental organization, over its ten-year existence the Shanghai Cooperation Organization has proved its vitality and has become respectable entity not only of the regional but also of international cooperation on the whole. In recent years all main actors of contemporary international relations have tried to establish and develop the cooperation with this important intergovernmental association. What the further development of the Shanghai Cooperation Organization will be like and where the organization will be positioned within the future world order is difficult to be definitely determined. Apart from the role of the two leading states of this organization - Russia and China, its eventual position will be greatly influenced by other major international factors as well, which, in the era of unstable energy and other forms of security, find the area of Central Asia ever more significant and attractive.
Foreign investment fund in the world has multiplied several times in the last twodecades. However, growing trend of foreign investments fl ow has been broken by the recentfi nancial crisis in the world. Lower infl ow of foreign investments into the developingcountries has made the funding of their current accounts diffi cult, because it becamemore diffi cult for them to get loans in the international capital market. Most net importersof capital are net debtors in the international capital market, which made them increaseinvestment attractiveness for international investors. Thus they tried to decrease theirexposure to the loan market. Although foreign investments are desirable source of fundingthe current account defi cit, net infl ow of these funds generates negative balance in theincome account and puts pressure on the balance of payments of the country. World investmentfl ows have returned to the upward trend in 2013.This paper analyses foreign investments fl ow in the world, by groups of countries.The groups of countries, the subject analysis of this paper, are: Asia, Latin America,Africa, countries in transition and developed countries. The most signifi cant countriesthat are net exporters of capital in the world are the European Union and USA, while thebiggest importers are the growing Asian countries. Starting period for this analysis is1990, and ending period is 2013. Therefore, time series of the analysis covers economiccycles, i.e. rise from the nineties of the last century, then the period of global fi nancial andeconomical crisis that lasted all the ay until the end of 2012.
The ultimate goal of game theory is to provide a theoretical model for strategic situations' analysis, i.e. for situations where one actor's choice depends on the behavior of other players in the game. As a concept, game theory is also applicable to the legal context. Legal dialectics and processes are often conducted in some form of strategic interactions. Game theory is a way to see how legal rules affect particular actors' behavior. International Economic Law has its own dynamics which makes the process similar to the analysis through the game theoretical tools. Therefore, the rules of international law are considered as the rules of the game that are taking place among different actors. Game theoretical considerations clarify the substance of the interaction and cooperation of players involved (states, international organizations and other actors). Game theory provides a basis for normative analysis of the issue of implementation of the rules of international law and improves understanding of those rules. The topic of the paper is the application of the game theory in the context of the legal framework established by the World Trade Organization. The member states' dilemma between using the advantages and liberalization options provided by the WTO on the one hand, and joining the regional trade agreements, on the other one, is strategic by nature. Therefore, game theory can contribute to understanding and resolving, using the game of 'prisoner's dilemma' as a model. It is the game which clearly shows that a group of rational egoists can end up worse than a group of actors that acts prima facie contrary to their own interests. 'Prisoner's dilemma' demonstrates why society and law has the need for coordination as well as mechanisms for co-operation. WTO member states put emphasis on the process of liberalization conducted in the framework of regional trade agreements (RTAs); at the same time, their participation in WTO negotiations is not effective and efficient enough to make a breakthrough in the multilateral framework. A solution of the game for Member States is not to cooperate: i. e, liberalization is primarily achieved through regional agreements rather than within the WTO. The rational decision of the Member States (opting for a regional approach) has resulted in a suboptimal result, which is a basic characteristic of the game model based on a prisoner's dilemma: in this case, the optimal solution would be cooperation through a multilateral framework (World Trade Organization).
For over a century, rumours have been spread from Croatia about Serbia's intention to create a Greater Serbia and its aspirations to greater Serbian hegemony. This has been a constant refrain in all anti-Serbian speeches delivered both before the Yugoslav and international public. On the one hand, the Serbs and Serbia were presented as aggressors with great territorial appetites, whereas on the other, the aim was to conceal one's own aggression and territorial pretensions to the ethnic, state and historical territories that belonged to others. Though such tactics is a well-known and long-lasting feature of Croatian politics, it has not been given an appropriate place and explanation in Serbian and foreign historiography. Croatia inherited such political approach from Austria-Hungary which demonised and satanised the Serbian intentions aimed at liberation and unification all the more so as its appetites towards the territories in the Balkans increased and as it more strongly expounded the German Drang nach Osten policy. According to such tactical approach, everything that was Serbian was proclaimed greater Serbian in order to nip in the bud and thwart Serbian interests which conflicted with the AustroHungarian ones. Following in the wake of Austro-Hungarian policy, in which they participated and often played the leading role, in all historical periods – from the 1848 revolution to this day the Croats have been denouncing Serbian often labelling it as greater Serbian. By reviling Serbhood and greater Serbhood, in which they saw the main rival to Croatdom and greater Croatdom, Croatian politicians did not only dream about a Greater Croatia, but also worked on building it, with determination and consistency, faithful to the principle that such end justifies all means, including even the genocidal annihilation of the Serbs. The Croatian aspirations to territorial enlargement have a rather long history. Although small in numbers and in a small territory, the Croats have fostered great imperial ambitions. This may be well illustrated with the various names such as: "Alpine or mountainous Croats" (Slovenes), "Orthodox Croats" (Serbs), "indisputable Croats" or the "flower of the Croatian nation" (Muslims), "Turkish Croatia", "Red Croatia", "White Croatia" or "Carpathian Croatia", which were the territories of Bosnia, Montenegro, Dalmatia and Slovenia. These names have been carefully cherished and for centuries instilled in the consciousness of a Croat with the aim to develop the awareness of Croatia's greatness and the numerical strength of the Croats. With the present two studies, I wish to demonstrate and prove when, how, on what foundations and with what objectives the Croats have endeavoured, from the 1848/49 revolution until the present time, to get hold of some parts or the entire territories of Vojvodina and Bosnia and Herzegovina. As precious data on this topic are scattered in different places, it is hard to gain insight into the entirety of this national, state-legal and geopolitical issue. With this in mind, I have elaborated in these papers, in a chronological sequence, on all important Croatian territorial claims on Vojvodina and Bosnia and Herzegovina. I have thus practically uncovered the decades-long greater Croatian politics and have provided concrete answers to the Croatian attacks at Serbia and the Serbs in regard to the so-called greater Serbian politics. I would also like to inform readers that this book is the second, supplemented and expanded edition of the book first published in 2012 in small print run (500 copies) and sold out a long time ago. Belgrade, 20 July 2016 Vasilije Đ. Krestić ; Посебна издања / Српска академија наука и уметности ; књ. 685. Председништво ; књ. 6
The paper points to the relations between multilateral environmental agreements (MEAs) with global characteristics and contemporary security problems. Starting from the existing architecture of MEAs, the importance of several key global security challenges (climate change, water resource management, biodiversity protection, waste management and hazardous chemicals) has been ephasised. Status of the members of the UN Security Council, Republic of Serbia (RS) and RS' neighboroughing countries (EU members) in MEAs is overviewed. The basis of the analysis is 15 MEAs open for universal membership, whose depository is the UN Secretary General. It is noted that there is no uniform membership of the states UN Security Council' members in the MEAs. Some of the UN Security Council's members are not contracting party in several MEAs. At the same time, EU member states (those who are permanent members of the UN Security Council, as well as RS neighboring EU countries) are members of majority of the MEAs. RS, in terms of the number of MEAs where is a contracting party, lags behind the neighboring states EU members.
The war in Kosovo and Metohia was the result of a decade long tensions between ethnic Serbs and Albanians. It was led from the air in order to avoid more potential victims in case of land invasion. The end of war was the result of mutual concessions: from NATO side and the Serbian one. The sovereignty of FRY was not put into question, but a great autonomy of Kosovo was predicted including the possibility of independence acquisition (secession). The Resolution 1244 was not abolished, but it was being derogated in order to prepare the fundament of Kosovo independence. Serbian military-security forces were withdrawn from the territory of Kosovo and Metohia. NATO intervention was not legal from the point of view of international law, but it subordinated sovereignty to human rights. Intervention was justified in cases of humanitarian need. Event though humanitarian need (catastrophe) is taken as the basis for the intervention, the example of such kind could not be found in the past. So, Kosovo cases were qualified as sui generis one. Thus, the war in Kosovo became an example to be followed in the future, and an unresolved situation may become the threat to the peace and security in the surrounding countries. Democratic countries give themselves the right to interfere and intervene into internal affairs of others differently from the autocratic ones, which was supposed to be neither correct nor consistent. Kosovo conflict and war rattled global power structure, especially with China and Russia as new challengers of the USA power. Both countries are trying hard to reach USA, but they are still in transition with unstable financial systems, migrations and unresolved system of social protection. Regarding Kosovo conflict and war, they engaged themselves rather indirectly than directly. As Security Council permanent members they were voting against the independence of Kosovo, but did not involve themselves into the war directly. Kosovo war showed how China is backward regarding war technique, and Russia regarding financial engagement. In addition, China expected membership in WTO, and Russia a great financial assistance. Russia engaged in negotiations via the Contact Group. With the arrival of Putin, Russia could not engage in Balkan more militarily but only commercially due to the fact most Balkan countries entered NATO or Partnership for Peace Programme. Internal cohesion of Russia with centralistic governance was reinforced, and ethnic tensions were calmed down. The perspective of Russia is United Nations and commerce through pipeline.
Корупција представља једну од најважнијих тема међународне политике сузбијања криминалитета. Управо нас она упућује, заједно са савременим облицима коруптивног деловања, на потребу увођења одговорности правних лица за дела корупције. Дуго година владајућа максима societas delinquere non potest, која је одбацивала идеју о кривичној одговорности правних лица, у савременом кривичном законодавству је доведена у питање. О неопходности законског уређења проблематике одговорности правних лица за кривична дела говоре многобројни међународни документи које је наша земља ратификовала и на тај начин преузела обавезу имплементације норми међународног права. Овом приликом проблематизујемо питање које се односи на одговорност правних лица за кривична дела и кривичноправно сузбијање корупције. На овом месту размотрићемо да ли је потребно да се говори о кривичној одговорности правних лица, или је примереније терминолошки и са становишта теорије говорити о казненој одговорности правних лица. ; Corruption is considered a social problem not only in Serbia. This phenomenon is given more and more attention at the international level as well. This primarily means coordinated efforts in opposing this obstacle and threat to the development of every country. It is surprising how material-criminal legal norms were narrowly determined in the field of one of the most important topics of international and national policy of crime suppression. For decades, and particularly thanks to sensations of the last years, the practitioners, especially those in the field of judiciary and police, have been warning of corruption and the need of its suppression and limiting. The connection between corruption and organized crime has intensified even more the discussions on counter measures that could be incorporated into the existing laws and remove their weaknesses. Every country should undertake a number of measures and activities in the field of battle against corruption taking into account the international standards in this field. These measures may be of preventive or repressive character. This paper deals with criminal legal intervention that represents ultima ratio, i.e. the last resort that should not be used until all other means and manners to protect someone have been exhausted. Our legislator has responded in the meantime, removed the most important flaws that distort the picture about our criminal legal regulations and incriminated corruptive behaviour, taking into account at that the obligations undertaken based on international conventions. Very delicate field of the responsibility of legal persons for criminal act remains unregulated. In this paper we point out to the need and state the reasons, with parallel study of the achieved solutions in some countries and Anglo-Saxon and continental legal culture, why the issue of responsibilities of legal persons for acts of corruption and even more widely should be regulated by a separate law.
In addition to national and international armies - armed forces of states and alliances, paramilitary armed formations (the so-called paramilitary) play aprominent role in contemporary international and non-international armed conflicts. They are made up of so-called voluntary fighters (patriots, contracts), i.e. mercenaries or "looters" (so-called war dogs) within armed formations that are not officially part of, and most often not under the command, of regular armed forces. As a rule, they are formed, armed, equipped, trained, paid and controlled by certain political centers of power - foreign governments and intelligence, hostile political emigration, political parties, criminal and other extremist (pseudo-patriotic, nationalist and para-religious) organizations (the so-called warlords) for whose account the paramilitary formations occupied part of the territory of the sovereign state in which the armed conflict took place and established power on it. They are often associated with numerous war crimes, terrorist attacks and robberies. Since the terms 'warlords', 'paramilitary', 'mercenaries', and 'war dog' are oftenincorrectly usedin everyday communication of media, public and even scholars, this paper attempts to conceptualize and make a clear distinction between these phenomena. ; Осим националних и међународних војски – оружаних снага држава и савеза држава, у савременим међународним и немеђународним оружаним сукобима све значајнију улогу узимају паравојне оружане формације (тзв. паравојске). Њих чине тзв. добровољни борци (патриоте, уговорци), односно плаћеници или "пљачкаши" (тзв. пси рата) који су део наоружаних формација које званично нису у саставу, а најчешће ни под командом регуларних оружаних снага. Паравојске по правилу формирају, наоружавају, опремају, обучавају, плаћају и контролишу извесни политички центри моћи – иностране владе и обавештајне службе, непријатељска политичка емиграција, политичке партије, криминалне и друге екстремистичке (псеудопатриотске, националистичке и параверске) организације (тзв. господари рата) за чији рачун су паравојне формације и заузеле део територије суверене државе у којој се одвија оружани конфликт и на њој "успоставиле власт". За њих се неретко везују бројни ратни злочини, терористички напади и пљачке. Како се у животу, а неретко и у теорији безбедности не разликују и погрешно употребљавају термини "господари рата", "паравојске", плаћеници и "пси рата", у раду је учињен покушај појмовног одређења и дистанцирања ових појава.
Nowadays, there are divided opinions in Bosnia and Herzegovina when it comes to further mandate of the OHR and the institution of the High Representative. However, the e nd of the mandate of the High Representative is realistically expected in the near future. The need to abolish the office of the OHR and the institution of the High Representative has been mentioned increasingly in Bosnia and Herzegovina, especially in the Republic of Srpska. The reasons for the abolition of the function of the High Representative are different between the entities in Bosnia and Herzegovina as well as among its constitutive peoples. The authority of the High Representative has been increasingly questioned.It is on that basis that questions arise more frequently whether his (High Representative) legal acts will be valid, in particular individual decisions, such as deprivation of certain rights to citizens, the right to work, political action and passive right to vote. Representatives of the international community are worried that the interested domestic political circles could set a thesis (and be successful at it) that all acts of the High Representative will cease to apply at the moment when Annex X of the General Framework Agreement for Peace in Bosnia and Herzegovina is ended.A number of imposed laws not yet adopted by the local legislator himself, in the event of cancellation, would actually return BiH to the original competences under the Constitution BiH, as the legal consequence. The institution of the High Representative was set up by Annex X (Agreement on Civilian Implementation of the Peaceful Solution) of the General Framework Agreement for Peace in Bosnia and Herzegovina.Simultaneously, bearing in mind these facts, legally speaking, Bosnia and Herzegovina can not be classified into any known form of international dependence, however, the objective situation is such that Bosnia and Herzegovina with the powers vested in the High Representative and the actions that he is taking, can be considered a state with a specific form of international dependence and a special form of guardianship.
In this paper, we focus on terrorism through the criminal legislation of Bosnia and Herzegovina. In the existing scientific fund, professional literature, various organizations, institutions, political entities, there is not a sufficient degree of agreement to be able to form a court that there is, in general, a generally accepted definition of terrorism. On the other hand, given the various activities and actions, results, effects and consequences of terrorist organizations and terrorists, we must state that there is a very high degree of agreement, that terrorism is one of the biggest security and security threats today. The growing increase in terrorist actions and threats has led to the implementation of new legislative norms in order to better counter terrorism. Organized crime at the international level and terrorist activities increasingly require the connection of states, international organizations through Conventions, Resolutions or Laws. Terrorism acts ambivalently and as a threat to the stability of society, states and their development on a global level. The expansion of terrorism over time has surprised many organizations, institutions, whose goal is to preserve security, where the need for reforms has arisen. Through the laws in Bosnia and Herzegovina, we will see how the legislator has solved the issue of terrorism and what are the consequences for those who do not adhere to them.
After the termination of war confrontations, on the basis of the UN Security Council Decision, a protectorate had been established in Kosovo and Metohia, including the engagement of international security and civil forces. The order of interim administration ended in 2008, when the self-proclaimed Kosovo assembly adopted the decision on declaration of independence from the Republic of Serbia, and the process of administrative mandate transfer started from international to local institutions. In the paper, first of all, general performances of social and political life were delineated, and then the complex architecture of security forces active there during previous eleven years was presented. Also, all the most important problems Kosovo and Metohia faces are enumerated. The post-war Kosovo and Metohia may be characterized as a society in disorganization. The old system of institutions was destroyed, and a new one has not been established. The number of Serbs is decreasing, and local Albanians have not maturated for a self-administration of the newly established state. The further maintenance of this circumstances or even its deterioration might move towards social riots, caused by the bad living conditions, large unemployment, impoverishment of significant social groups or the escalation of attacks at remaining non-Albanian population, which could induce serious security threats in the region.
Disertacija sarži uvod, četiri poglavlja i zaključak. U prvom poglavlju pod naslovom "Nastanak i delovanje Organizacije ujedinjenih nacija" izložen je početak pojave ideje Međunarodne organizacije kao i istorijski razvoj ovog koncepta do svetske porodice u današnje vreme, koju čine 193 države. Takođe, dotaknuta je serija izjava kao i međunarodne konferencije koje su dovele do formiranja Organizacije ujedinjenih nacija, formulisanja njenih ciljeva i principa, kao i načina i uslova učlanjenja u tu organizaciju. Detaljnije su proučavane uloge Generalne skupštine i Saveta bezbednosti zbog njihove važnosti. U drugom poglavlju, pod naslovom "Razlozi koji ukazuju na potrebe reforme Organizacije ujedinjenih nacija", objašnjeni su sledeći razlozi neophodnosti reforme ove organizacije: 1. skretanje Ujedinjenih nacija s puta; 2. kontradiktornosti sistema Ujedinjenih nacija; 3. nedostaci Povelje Ujedinjenih nacija; 4. nedostaci u mehanizmu donošenja odluka; 5. svetske promene; 6. mistifikacija u misijama Ujedinjenih nacija; 7. moćna središta; 8. raskorak između misije i raspoloživih sredstava; 9. korupcija. U trećem poglavlju, pod naslovom "Organizacija ujedinjenih nacija između povelje i dominantne sile" objašnjen je odnos Sjedinjenih Američkih Država sa Organizacijom ujedinjenih nacija kroz sledeću grupu tačaka i tema: 1. siže američkih promena od izolacije do internacionalizma; 2. politika SAD u Ujedinjenim nacijama tokom hladnog rata; 3. stav SAD o ulozi UN u oblasti čuvanja mira, ekonomske saradnje i ljudskih prava; 4. stav SAD prema UN u periodu pre raspada Sovjetskog Saveza; 5. SAD i UN posle hladnog rata; 6. američki stav prema UN posle završetka hladnog rata 7. administracija Džordža Buša i Ujedinjene nacije (opšti stav prema međunarodnoj organizaciji, političko viđenje SAD pre i posle događaja 11. septembra 2001. godine); 8. američki interesi i reforma Ujedinjenih nacija (reforme UN i realizacija američkih interesa, američko viđenje reformi); 9. predsednik Barak Obama i njegova metodologija za promene i odnos sa UN. U četvrtom poglavlju, pod naslovom "Reforme Organizacije ujedinjenih nacija" definisan je problem ove studije kroz grupu tačaka i pitanja i istraživane su međunarodne promene koje je svet doživeo kao glavni faktor za izvršenje procesa reforme koje su potrebne Ujedinjenim nacijama. ; The dissertation consists of an introduction, four chapters and the conclusion. The first chapter:"The Emergence and the Function of the United Nations", deals with the emergence of the idea of international system , and how this idea developed historically till it reached nowadays to international family consisting of 193 states of various continents and cultures . These states are joined in an institutional frame founded on optional and contractual pillars, which is the United Nations. In addition, it deals with the chain of declarations and conferences that led to the foundation of this organization. Moreover, it focuses on the purposes, principles and membership of the United Nations, as well as the General Assembly and Security Council due to their important role in the United Nations system. The second chapter: "The Reasons for the Reform of the United Nations", deals with the necessity reasons for reform; due to the United Nations is in urgent need of it. The intended reform is to do whatever necessary to raise its efficiency and performance. Therefore, it is possible to determine the objective reasons of this reform in the following titles, and they are: 1. The deviation of United Nations from its course that it was founded for; 2. The inherent contradictions of United Nations system since its foundation, 3. The deficiencies and imbalances in the United Nations Charter; 4.The imbalance in decision –making structures and mechanisms; 5. International Changes; 6.The vagueness of tasks entrusted to the United Nations; 7. Extreme Centralism; 8. The big gap between the intended tasks to be achieved and the available resources; 9. Corruption. The third chapter: "The United Nations between the Charter and the Dominant Power", focuses on the relation between the USA with the United Nations. This is a necessary item for the research due to the current international conditions and challenges facing humanity such as local and regional conflicts, health, natural catastrophes, etc. which fall under the scope of the United Nations. The dominant role the US plays in the international arena singles out its special impact on the performance of this organization. This role has gone through many changes in recent history depending on the geopolitics of the world namely after the collapse of the Eastern Bloc and the advent of the short-lived unipolarity up to the beginning of emergence of multipolarity. Every stage marked nuances in the US policy towards the United Nations. In fact, the US approach to international affairs developed in big leaps from isolationism to its involvement in WWII and the establishment of the United Nations.
Rad istražuje ulogu i doprinos razvojne pomoći u procesu programiranja i implementacije pravosudne reforme u Srbiji od 2002. do 2012. godine. Pojam razvojne pomoći u ovom radu obuhvata donacije i projektnu pomoć međunarodnih partnera u širem smislu, što obuhvata kako međunarodne organizacije tako i razvojne agencije i/ili programe stranih država. Pod pravosudnom reformom rad primarno podrazumeva postizanje nezavisnosti pravosuđa u čijoj je osnovi stručnost nosilaca pravosudne funkcije. Stoga, posebno mesto u istaživanju zauzima jedinstveni slučaj transformacije Pravosudne akademije od projekta do državne institucije u funkciji osnaživanja kriterijuma stručnosti. Osnovna hipoteza rada je da je uspešnost reforme pravosuđa uslovljena primenom kriterijuma stručnosti u izboru, vrednovanju i napredovanju nosilaca pravosudne funkcije. Sprovedeno istraživanje potvrđuje hipotezu i donosi zaključak da nije postignut značajan uspeh u reformi pravosuđa u Srbiji. Utvrdili smo da su stagnaciji reforme doprineli, u jednakoj meri, s jedne strane, međunarodni partneri nekoherentnim pristupom programiranju reforme, a s druge, nacionalni partneri u Srbiji nedostatkom stvarne potražnje za reformom. Sadejstvom ovih razvojnih partnera u primeni tehnika izomorfne mimikrije i preuranjenog opterećenja došlo se do mešovitog rezultata - kapaciteti pravosuđa u Srbiji su u izvesnoj meri uvećani ali nezavisnost suda nije. Rad na osnovu ovih nalaza daje preporuke za unapređenje programiranja i realizaciju reforme pravosuđa kao što su koherentni strateški mehanizmi, koordinacija razvojnih partnera i depolitizacija reformskog procesa. ; The study explores the role and contribution of development assistance within the process of programming and implementation of judicial reform in Serbia from 2002 to 2012. The notion of development assistance, according to the study, includes donations and project assistance from international partners in a wider sense such as from international organizations, development agencies and/or bilateral assistance. The study defines judicial reform as the independence of the judiciary, which is based on the competency of judges and prosecutors. Thus, special attention is given to the unique case of the transformation of the Judicial Academy from a project to a state institution with the mandate to enhance the competency criteria and the merit based system for judges and prosecutors. The basic hypothesis of the study is that the success of judicial reform is conditioned by the application of competency criteria in the appointment, evaluation and career advancement of judges and prosecutors. The research confirms the hypothesis and leads to the conclusion that the judicial reform in Serbia did not achieve significant successes. It concludes that both the international and national partners contributed equally to the stagnation of the judicial reform process. While international partners applied incoherent approaches, through their reform programming, the national partners exercised a lack of genuine reform demand and commitment. The joint actions of these development partners in the implementation of techniques of isomorphic mimicry and the premature load bearing led to mixed results – the capacity of the judiciary in Serbia has been increased to a certain extent, but the independence of the judiciary has not been reached. The study, based on these conclusions provides recommendations for the improvement of programming and implementation of judicial reform such as through a coherent strategic programming mechanism, coordination of development partners and depolarization of the reform process.
Although it had had some drawbacks, Dayton's Peace Accord was to be a successful one due to the following reasons: Firstly, USA finally realised they had been the crucial factor of war ending in Bosnia and Herzegovina, otherwise their credibility as the great power would be put into question. Secondly, Croatian military operation called 'Oluja' ('Storm') and ruthless bombing of Serbian targets in Bosnia and Herzegovina changed balance of power and created factual fundament for negotiation on territorial division by drawing of future maps on the field. Thirdly, Milošević finally realised Serbs from Bosnia were a primary obstacle toward the lifting of international sanctions and set free isolation. Fourthly, American administration gave a full freedom to the main negotiator Holbrooke to lead the negotiations. Finally, Dayton's Peace Accord managed to ensure the cease of fire, which was the greatest achievement of it. On the other hand, it could not give the answer to the question of the future of Bosnia and Herzegovina either it is in integration or separation. The basic problem which is going to appear during its implementation will include nation building process on the ruins of the war. This is because the above mentioned process is influenced by domestic political forces, considerations and dilemmas besides strong international civic and military presence. In this point coercive diplomacy has proven to be unsuccessful. It might be rung off.